1. Petitioner — Interim protection against arrest — Ongoing investigation. (Para 2 )
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2023 Supreme(SC) 560
SUPREME COURT OF INDIA
A.S. BOPANNA, DIPANKAR DATTA, JJ.
Prawin Kumar @ Praveen Kumar – Petitioner
VERSUS
State of Bihar – Respondents
Petition for Special Leave to Appeal (Crl.) No. 11758/2022 (Arising out of impugned final judgment and order dated 01-11-2022 in CRLM No. 20712/2022 passed by the High Court of Judicature at Patna)
Decided On : 19-04-2023
Important Points
The Court extended interim protection against arrest to the petitioner until the completion of the legal process, contingent upon the petitioner's continued diligent participation in the investigation, as there was no evidence of non-cooperation.
Subject
Civil Law - Interim Relief
Headnote
Order - Interim Protection - N/A - The court upheld the interim protection granted to the petitioner against arrest until the completion of the investigation process, provided that the petitioner diligently participates in further investigation and processes. The Special Leave Petition is disposed of, along with pending applications.
Legal Category Hierarchy
Advocates Appeared:
For the Petitioner(s) Mr. Namit Saxena, AOR Mr. Awnish Maithani, Adv. Mr. Shivam Raghuwanshi, Adv. Ms. Shiksha Ashra, Adv.
For the Respondent(s): Mr. Saket Singh, Adv. Mrs. Sangeeta Singh, Adv. Mrs. Niranjana Singh, AOR
For the Petitioner(s) Mr. Namit Saxena, AOR Mr. Awnish Maithani, Adv. Mr. Shivam Raghuwanshi, Adv. Ms. Shiksha Ashra, Adv.
For the Respondent(s): Mr. Saket Singh, Adv. Mrs. Sangeeta Singh, Adv. Mrs. Niranjana Singh, AOR
Table of Contents
2. Investigation incomplete — Charge sheet not filed — Request for continuation of interim protection. (Para 2 )
3. No complaint regarding non-participation in investigation — No reason to alter previous interim protection. (Para 2 , 3 )
4. Continuation of interim protection against arrest is permissible where the accused diligently participates in the investigation. (Para 2 , 3 )
5. Interim protection against arrest extended until completion of process, subject to diligent participation in investigation. (Para 3 , 4 )
6. Under what circumstances may a court extend interim protection against arrest during an investigation?
A court may extend interim protection against arrest if the petitioner is diligently participating in the investigation and there is no complaint regarding their failure to cooperate with the process. (Para 2 , 3 )
Order
Heard learned counsel for the parties and perused the petition papers.
2. This Court while directing notice to the respondent on 16.12.2022 had taken into consideration all aspects of the matter and had granted interim protection against arrest of the petitioner. Though at this stage, it is submitted that investigation is not complete and the charge sheet is yet to be filed, there is no complaint against the petitioner that he has not participated in the investigation, therefore, as and when called to do so.
3. If that be the position, there is no reason for us to alter the order granting interim protection by us. Hence, the interim protection granted on 16.12.2022 shall enure to the benefit of the petitioner till the completion of the process, subject to the petitioner diligently participating in the further investigation and process thereafter, if any.
4. The Special Leave Petition is, accordingly, disposed of.
5. Pending application(s) shall also stand disposed of.
